Can the tenant carry out work on the rented premises? | ScriptaLegal
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Frequently asked questions > Commercial lease > The rights and obligations of each > Can the tenant carry out work on the rented premises?

Can the tenant carry out work on the rented premises?

Yes, subject to the provisions of the lease. A tenant may need to carry out work to adapt the premises to the needs of their business. However, a commercial lease generally stipulates the conditions that must be met before undertaking such work.

The lease may, in particular, require the tenant to obtain prior authorization from the landlord and submit to them, depending on the importance of the work, the plans, estimates and other necessary information.

The landlord may also require that the work:

  • be carried out by qualified contractors;
  • comply with the plans and specifications that he approved;
  • comply with applicable laws, regulations, permits and standards;
  • do not affect the structure or systems of the building without its authorization;
  • be carried out in such a way as not to unduly harm the other occupants of the building;
  • be covered by appropriate insurance.

Unless the lease or an agreement with the landlord stipulates otherwise, work requested and carried out by the tenant is generally at their own expense . The lease may also stipulate that the tenant assumes the costs incurred by the landlord for the work.

It is also important to determine what will happen to any work and improvements at the end of the lease. Depending on the lease terms, some improvements may remain on the premises, while the landlord may require that other installations be removed and the premises returned to the agreed condition.

Major works should therefore be subject to written authorization specifying in particular their nature, the conditions of their execution, the allocation of costs and, if applicable, the obligations of the tenant at the end of the lease .

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